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Proximate Cause

In order to win a personal injury action, a plaintiff must prove that a defendant's negligence caused the plaintiff's injuries. In negligence law, there are two types of causation: (1) "cause in fact"; and (2) "proximate cause." The plaintiff must prove both types of causation.

Miscellaneous Driving Rules

In addition to rules regarding parking a motor vehicle, starting and stopping a motor vehicle, signaling and turning a motor vehicle, and the right-of-way of a motor vehicle, most vehicle and transportation codes contain other driving rules with regard to motor vehicles. Such rules include railroad crossings, mountain driving, and rules with regard to passengers.

Damages in Different Types of Lawsuits

Damages are awarded to an injured party who suffers harm, loss, or damage as a result of a defendant's intentional or negligent conduct. The type of lawsuit brought depends upon the nature of the harm, loss, or damage caused, and the type of damages awarded depends upon the type of lawsuit brought.

Liability of Partners and Joint Venturers

Generally, each member of a partnership or joint venture is vicariously liable for the wrongful conduct of another member if the wrongful conduct occurs within the scope and course of the affairs of the partnership or joint venture. Therefore, each member of a partnership or joint venture will be liable for personal injuries caused by another member's negligence if the negligence occurs within the scope and course of the affairs of the business.

Defendant's Wrongful Use of Process

It is a tort to use the civil or criminal form of process to primarily seek a result other than that for which the form of process was intended. The conduct that encompasses the abuse of process is a defendant's wrongful use of the process for an ulterior purpose and some willful act in the use of the process to accomplish that ulterior purpose.